Category: Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder – The main issue is the reliability of eyewitnesses and the identification of the assailants who fired at the victim resulting in his death – The appellant’s counsel argued that the eyewitnesses’ testimonies are unreliable and that the incident’s description is improbable, suggesting that the appellant was falsely implicated – The State opposed the appeal, asserting that the conviction is based on concurrent findings of facts by the trial court and the High Court – The Court found the eyewitnesses’ behavior unnatural and their presence at the crime scene doubtful – It also noted significant gaps in the prosecution’s narrative – The Court referenced previous cases to support its decision, emphasizing the improbability of the prosecution’s story and the unnatural conduct of the witnesses – The Supreme Court set aside the lower courts’ judgments, acquitted the appellant, and ordered his immediate release if not required in any other case.

2024 INSC 384 SUPREME COURT OF INDIA DIVISION BENCH JAGVIR SINGH — Appellant Vs. STATE OF U.P. ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No(s).…

“Acquittal in Murder Case: Prosecution Fails to Prove Guilt Beyond Reasonable Doubt” Penal Code, 1860 (IPC) – Section 302 read with 149 – Murder – Acquittal – The court found that the prosecution failed to provide reliable evidence linking the appellants to the crime, and the testimony of eyewitnesses was inconsistent and contradictory – The court also noted that the theory of “last seen together” was not sufficient to establish guilt, as the deceased was seen in the company of other individuals after being seen with the accused – The court set aside the convictions of the appellants and ordered their release, unless their custody was required for some other offences.

2024 INSC 376 SUPREME COURT OF INDIA DIVISION BENCH ALAUDDIN AND OTHERS — Appellant Vs. THE STATE OF ASSAM AND ANOTHER — Respondent ( Before : Abhay S. Oka and…

”High Threshold Not Met: Supreme Court Blocks Trial of Additional Accused in Murder Case” Criminal Procedure Code, 1973 (CrPC) – Section 319 and 482 – Penal Code, 1860 (IPC) – Section 302 – Issuing of the summons – The appeals concern a summoning order under Section 319 Cr.P.C. for the appellants to face trial for an offence under Section 302 IPC, based on a High Court decision dated 04.04.2023 – The main issue is the sufficiency of material against the appellants prompting the summoning order under Section 319 Cr.P.C – The appellants argue that they were incorrectly named in the FIR and subsequent statements due to a longstanding family enmity, and there is no strong evidence against them – The State contends that even if the trial against existing accused has abated, there is no bar in summoning the appellants to start the trial afresh – The Supreme Court allowed the appeals, set aside the summoning order, and the High Court’s judgment dismissing the Section 482 petition – The Court found that the evidence against the appellants was not strong enough to meet the higher degree of satisfaction required for exercising power under Section 319 Cr.P.C – The Court referenced the principles laid down in Hardeep Singh vs. State of Punjab for exercising power under Section 319 Cr.P.C., emphasizing the need for strong and cogent evidence – The Court concluded that the Trial Court erred in issuing the summons, and the High Court should have quashed the order under Section 482 Cr.P.C – The appeals were allowed, and the impugned orders were set aside.

2024 INSC 366 SUPREME COURT OF INDIA DIVISION BENCH SHANKAR AND OTHERS — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha…

“Murder Conviction Overturned! Supreme Court Acquits Appellant Due to Inconsistent Eyewitness Accounts and Insufficient Evidence” Penal Code, 1860 (IPC) – Section 302 – Murder – Property Dispute – The High Court affirmed the conviction, which led to this appeal – The appeal challenges the reliability of eyewitnesses and the recovery of the murder weapon, questioning the appellant’s conviction – The appellant claims false implication, questioning the credibility of eyewitnesses and the voluntariness of the extra-judicial confession – The State argues that the conviction is based on correct evidence assessment and that the appellant’s guilt has been established beyond reasonable doubt – The Supreme Court allowed the appeal, acquitted the appellant of all charges, and directed his release, if not required in another case – The Court found inconsistencies in eyewitness accounts and doubted their presence at the crime scene, leading to the acquittal – The Court scrutinized the eyewitness testimonies, the extra-judicial confession, and the recovery of the weapon, finding them insufficient for conviction – The Supreme Court concluded that the prosecution failed to prove the case beyond reasonable doubt, resulting in the appellant’s acquittal.

2024 INSC 349 SUPREME COURT OF INDIA DIVISION BENCH JASOBANTA SAHU — Appellant Vs. STATE OF ORISSA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

“Conviction Quashed After 18 Years: Supreme Court Acquits Man Due to Flawed Identification and Doubtful Evidence” Explosive Substances Act, 1908 – Sections 3(a) and 4(a)(i) – Arms Act, 1958 – Section 27(1) – Penal Code, 1860 (IPC) – Sections 302, 307,143, 147, 148, 324, 326, 427 and 449 read with Section 149 – The case involves who appealed against his conviction under various sections of the IPC and other acts – The incident occurred on March 6, 2006, involving an unlawful assembly, murder, and grievous injuries with deadly weapons – The appeal challenges the High Court’s partial allowance of Appellant’s appeal, which set aside some convictions while confirming others, and modified the sentences – The petitioner argued that identification in court without a Test Identification Parade, after four and a half years, is unreliable. They also contested the motive attributed to the appellant and the credibility of the recovered iron rod with alleged blood stains – The respondent emphasized the credibility of the injured eyewitness (PW-2) and the concurrent findings of the trial court and High Court, which found the appellant guilty beyond reasonable doubt – The Supreme Court allowed the appeal, quashed the previous judgments, and acquitted the appellant of all charges, directing his immediate release if not required in another case – The Court found the identification of the appellant in court, without prior identification parades, to be insufficient for maintaining the conviction, especially given the time elapsed since the incident – The Court questioned the preservation of blood stains on the recovered iron rod over two years and two monsoons, casting doubt on the prosecution’s evidence – The Supreme Court concluded that the prosecution failed to prove the case beyond reasonable doubt, resulting in the appellant’s acquittal.

2024 INSC 350 SUPREME COURT OF INDIA DIVISION BENCH SURESH @ UNNI @ VADI SURESH — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : B.R. Gavai and…

Penal Code, 1860 (IPC) – Sections 394 read with Section 397 – Voluntarily causing hurt in committing robbery – The appellant was convicted for offences under Sections 394 and 397 of the IPC, sentenced to seven years rigorous imprisonment with a fine, based on the recovery of stolen items and identification by the complainant – The appeal challenges the High Court’s dismissal of the appellant’s appeal against the trial court’s conviction and sentence – The appellant contested the identification of the stolen items and the legality of the disclosure statement used to convict him – The State supported the trial court’s findings, emphasizing the recovery of stolen items and the identification process – The Supreme Court allowed the appeal, acquitted the appellant, and ordered release, citing insufficient evidence to affirm guilt – The Court’s reasoning focused on the improper proof of the disclosure memo and the questionable identification of the stolen items by the complainant – The conclusion was that the prosecution failed to connect the appellant with the crime conclusively.

2024 INSC 318 SUPREME COURT OF INDIA DIVISION BENCH HANSRAJ — Appellant Vs. STATE OF M.P. — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal…

Penal Code, 1860 (IPC) – Sections 143, 147, 148, 506(2) and 302 read with Section 149 – The appellants were convicted for the murder and sentenced to life imprisonment by the High Court, reversing their earlier acquittal by the trial court – The main issue was the reliability of eyewitness testimonies and the admissibility of evidence, such as the FIR and recovery of weapons – The appellants argued that the High Court erred in reversing the acquittal, contending that the eyewitnesses were unreliable and the FIR was a post-investigation document – The State contended that the eyewitness testimonies were credible and the FIR was lodged promptly without undue delay – The Supreme Court reversed the High Court’s decision, acquitted the appellants, and discharged their bail bonds – The Court found inconsistencies in the eyewitness accounts and issues with the FIR and recovery of weapons – The Court applied principles regarding the appellate court’s power in appeals against acquittal, emphasizing the need for the High Court to find perversity or illegality in the trial court’s judgment to reverse an acquittal – The Supreme Court concluded that the High Court’s judgment was flawed and restored the trial court’s acquittal of the appellants.

2024 INSC 320 SUPREME COURT OF INDIA DIVISION BENCH BABU SAHEBAGOUDA RUDRAGOUDAR AND OTHERS — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : B.R. Gavai and Sandeep Mehta,…

Penal Code, 1860 (IPC) – Sections 302, 304 and 34 – Acquittal – Benefit of Doubt – The Supreme Court acquitted the appellant, citing unreliable witness testimonies and lack of corroborative evidence – The Court’s reasoning focused on the credibility of the key witnesses and the absence of corroborative material to support the prosecution’s case – The legal reasoning included the principle of ‘falsus in uno, falsus in omnibus’ not being applicable in Indian jurisprudence – The conclusion was that the appellant deserved acquittal due to the benefit of doubt – The judicial opinion emphasized the quality of evidence over quantity in determining the truth.

2024 INSC 312 SUPREME COURT OF INDIA DIVISION BENCH KIRPAL SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Penal Code, 1860 (IPC) – Section 302 – Murder – Appellant was convicted for the murder – Supreme Court acquitted the appellant, giving him the benefit of doubt, as the prosecution failed to establish guilt beyond reasonable doubt – The Court found inconsistencies in the testimonies of the prosecution witnesses and deemed them unreliable – The Court applied the principle that extra judicial confessions are weak evidence and require corroboration – The appellant was acquitted due to the prosecution’s inability to prove the charges with certainty.

2024 INSC 307 SUPREME COURT OF INDIA DIVISION BENCH DHARAMBIR @ DHARMA — Appellant Vs. STATE OF HARYANA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. )…

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

2024 INSC 295 SUPREME COURT OF INDIA DIVISION BENCH BHUPATBHAI BACHUBHAI CHAVDA AND ANOTHER — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Abhay S. Oka and Ujjal…

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